Section 38 of the M.P. Accommodation Control Act, 1961 does not apply to cases where the Rent Controlling Authority is not functioning and the Electricity Board is not a necessary or proper party to the proceedings.

T.S. Doabia, J.

1. The learned Single Judge in the writ petition out of which this appeal has arisen has expressed the opinion that the relief of restoration of electric connection can be sought by the present appellant tenant, under section 38 of M. P. Accommodation Control Act, 1961 (hereinafter refer as to Act). Before dealing with this aspect of the matter it would be apt to notice section 38 of the Act. This reads as under:

"38. Cutting off or withholding essential supply or service. - (1) No landlord either himself or through any person purporting to act on his behalf shall without just and sufficient cause cut off or withhold essential supply or service enjoyed by the tenant in respect of the accommodation let to him.

(2) If a landlord contravenes the provisions of sub-section (1) the tenant may make an application to the Rent Controlling Authority complaining of such contravention.

(3) If the Rent Controlling Authority on inquiry finds that the essential supply or service enjoyed by the tenant in respect of the accommodation was cut off or withheld by the landlord without just and sufficient cause, it shall make an order directing the landlords restore such supply or service.

(4) The Rent Controlling Authority may in its discretion direct the compensation not exceeding fifty rupees:-

(a) be paid to the landlord by the tenant, if the application under sub-section (2) was made frivolously or vexatiously;

(b) be paid to the tenant by the landlord, if the landlord had cut off or withheld the supply or service without just and sufficient cause.

Explanation I. - In this section, "essential supply or service" includes supply of water, electricity, lights in passages and on staircases, conservancy and sanitary services.

Explanation II. - For the purposes of this section, withholding any essential supply or service shall include acts or omissions attributable to the landlord on account of which the essential supply or service is cut off by the local authority or any other competent authority."

A perusal of the aforementioned section makes it apparent that it lays down that no landlord either himself or through any person purporting to Act on his behalf can cut any essential supply. The explanation of section 38 indicates that these supplies are Water supply, Electric supply etc.

2. The learned counsel appearing for the appellant submits that Rent Controlling Authority is not functioning at Gwalior. He further, submits that in proceedings which are taken under section 38 of the Act, it is not possible to get a direction issued to the M. P. Electricity Board.

3. It be seen that M.P. Electricity Board has laid down norms in the matter of supply of electric energy. These conditions are enumerated in para 3 of the instructions. These reads as under:-

"(a) Requisition for a supply or an additional supply of electrical energy must be made in the prescribed form annexed hereto copies of which are obtainable at the local office of the Board.

The requisition shall be made by the owner or occupier of the premises for which supply is required and shall indicate his full name and also the name and address of the Licensed Electrical Contractor through whom the wiring will be carved out; but is not necessary that requisition should be made through licensed Electrical Contractor. Any circumstance of information required in filling up the form will be given to the applicant at the local office of the Board.

(b) An intending consumer, who is the owner of premises he occupies, shall, if so required by the Board, give proof of his being in lawful occupation of the premises.

(c) Where the consumer's premises has no frontage on a street and the supply line from the Board's Mains has to go upon, over or under the adjoining premises of any other person. Consumer shall arrange at his own expense for any necessary way-leave licence or sanction. The Board shall not be bound to afford supply until the way-leave or sanction is granted. Any extra expense incurred i